Terms of Use

Bowlmor AMF Corp, AMF Bowling Centers Inc. d/b/a Bowlmor AMF
Centers, its affiliates and its properties ("Company" or "we,"
"our," or "us") owns or controls, and provides access to, several
interactive web sites (however accessed and/or used, whether via
personal computers, mobile devices or otherwise) or other
interactive features or properties owned or controlled by Company
and that link or reference to these Terms of Use (collectively,
"Web Sites"). THESE TERMS OF USE GOVERN YOUR USE OF THE WEB SITES.
These Terms of Use ("TOU") only apply to the Web Sites, and not to
any other web site or any offline activities by Company (unless
specifically stated). By accessing or using the Web Sites,
registering for services offered on the Web Sites, or by accepting,
uploading, submitting or downloading any information or content
from or to the Web Sites, you shall have agreed to these TOU. IF
YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE
WEB SITES.

1. Acceptance of Terms

Your use of the Web Sites is subject to these TOU, which may be
updated, amended, modified or revised by us from time to time
without notice to you. It is important for you to refer to these
TOU from time to time to make sure that you are aware of any
additions, revisions, or modifications that we may have made to
these TOU. Your use of the Web Sites constitutes your acceptance of
these TOU.

2. Description of Web Site Services

The Web Sites currently provide users with access to a rich
collection of online resources, including various possible
communications tools, online forums, special content and branded
features. Unless explicitly stated otherwise, any new features that
augment or enhance the Web Sites, including the release of new or
specialized Company web-based services, are subject to these TOU.
In some instances, these TOU and a separate end user license or
similar agreement will apply to a service or product offered by
Company and/or the Web Sites. We may add, change, remove, suspend
or discontinue any aspect of the Web Sites at any time without
notice. We may also impose limits on certain features and services
or restrict access to parts of or all of the Web Sites without
notice or liability. In order to use the Web Sites, you must obtain
access to the Internet, either directly or through devices that
access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary
to make such connection to the Internet (e.g., personal computer,
modem, cell phone, other access device, etc.).

The Content (as defined below) of the Web Site is for
informational purposes only. The Content is not intended to be a
substitute for, or replace, any professional advice or
relationship.

The Company does not recommend, guarantee or endorse any
specific products, services, companies, processes, goods, opinions,
or other information that may be mentioned on the Web Site. The
Company expressly does not recommend, guarantee or endorse any
specific products, services, companies, processes, and goods
referenced in any advertising provided through or on the Web Site.
You should make your own determination and seek the advice of your
own professionals with any questions you may have about any matter
mentioned on the Web Site. Reliance on any information
provided by the Company, its personnel, others appearing on the Web
Site at the invitation of the Company, or other visitors to the Web
Site is solely at your own risk.

Our mission and goal of the Web Site is to provide you helpful
and useful information about our Company, and our offerings,
products, services and collaborative partners.

We are committed to protecting the privacy of children. You
should be aware that the Web Site is not intended or designed to
attract children under the age of 13. We do not collect personally
identifiable information from any person we actually know is a
child under the age of 13. Additional information on our
privacy practices is set forth in the Privacy Policy on this Web
Site.

All Web Site services and Company offerings are intended for
audience in the United States and Mexico, as applicable.
Company is responsible for its own Content on this Web Site, except
for content controlled by third parties, User Upload Information
and information directed on other sites. Company has not
received any direct external funding for this Web Site. To
its knowledge, Company is not aware of any direct conflicts of
interest in delivering the Web Site to you.

3. Intellectual Property Ownership;
License

The past, present and future Web Site content and information,
including, without limitation, organization, graphics, text,
images, buttons, audio, pictorals, display, processes, trade
secrets, videos, designs, programming (including both client-side
code (HTML, JavaScript, etc.) and server-side code (Active Server
Pages, VBScript, databases, etc.) used on the Web Sites),
compilations, advertising copy, trademarks, logos, domain names,
trade names, service marks and trade identities; any and all
copyrightable material (including source and object code); and all
other materials related to the Web Sites, including without
limitation, the "look and feel" of the Web Sites (collectively,
"Content") are protected by applicable copyrights and other
proprietary (including, but not limited to, intellectual property)
rights and are the property of and under ownership of Company or
its licensors. Except as expressly set forth in these TOU or
otherwise expressly granted to you in writing by Company, no rights
(either by implication, estoppel or otherwise) are granted to you.
The Company reserves all Intellectual Property Rights not otherwise
expressly granted to you herein. "Intellectual Property Rights"
includes all inventions, patents, copyrights (including the right
to use, reproduce, modify, distribute, publicly display, create
derivative works from, collective works from, compilations from,
and publicly perform the copyrighted work), trade secrets, trade
dress, trademarks (including service mark, trade dress, trade
names), rights or publicity, authorship rights, rights of privacy,
goodwill, mask-work rights, trade identities, domain names,
creations, rights of packaging, know-how, intellectual property,
software, shop rights, moral rights, licenses, developments,
goodwill, research data, designs, processes, formulas, and other
intangible proprietary or property rights, logos, including rights
of privacy and publicity, whether or not patentable, and any and
all applications for, and extensions, divisions, and reissuances
of, any of the foregoing, and rights therein, and whether arising
by statute or common law, existing now or hereafter come, in any
state, country or other jurisdiction. The use, reuse, access,
storing, copying, reproduction, rearrangement, sales, leasing,
renting, distribution, redistribution, modification, alteration,
display, archiving, sub-licensing, transferring, posting,
translating, creating derivative works, assigning, loaning,
pledging, granting of a security interest, granting of a lien,
encumbering, conveying, transferring, downloading, exchanging,
exhibiting, performing, exploiting, uploading, transmitting,
broadcasting, hosting, indexing, caching, tagging, encoding,
compiling, adaptation, creation of a collection with, or
publication by you, directly or indirectly, of the Content,
including the removal or alteration of advertising, except
expressly permitted under the limited grant of rights hereunder, is
strictly prohibited. You agree to abide by any and all additional
copyright notices, information, or restrictions contained in any
part of the Web Sites. Copying, archiving or storing any part of
the Web Sites for a purpose that is not permitted by these TOU is
expressly prohibited without prior written permission from Company
or the applicable copyright holder as identified on the Web
Sites.

Subject to your strict compliance with these TOU and during the
term of this Agreement, Company grants you a limited, personal,
non-exclusive, non-commercial, revocable, nonperpetual,
non-sublicensable, non-replicable, non-assignable and
non-transferable license to access and execute the Content, and
view and display a single copy of the Content (excluding
programming source and object code), provided that you: (i) retain
all trademark, copyright and other proprietary notices contained in
the original Content; (ii) do not allow or aid or abet any third
party (whether or not for your benefit) to copy or adapt the object
code of the Web Sites' software, HTML, JavaScript, or other code,
on the Content; reverse engineer, disassemble, decompile, reverse
assemble, modify or attempt to discover any source code that the
Web Sites create to generate its web pages; or any software or
other products or processes accessible through the Web Sites; (iii)
do not insert any code or product to manipulate the Content in any
way that affects any user's experience; or (iv) take any action to
test the security of the Web Site or otherwise violate the security
of the Web Site. In no event shall you use the Web Site or
Content for commercial, promotional or non-personal use.

4. Links To Other Web Sites

The Web Sites may contain hyperlinks to other web sites ("Other
Sites"). If you use the hyperlinks to access these Other Sites, you
will leave the Web Sites and your browser will be re-directed to
the Other Sites. The Other Sites may have their own terms of
service and privacy policy and those Other Sites may have different
practices and requirements than the Web Sites. Company may not have
knowledge of, and is not responsible for, the content presented by
any Other Site. As such, Company does not warrant or make any
representation or warranty regarding the legality, accuracy,
authenticity, reliability, sufficiency, truth, suitability,
quality, validity, timeliness, completeness, adequacy, currency of
content presented by Other Sites. The hyperlinks to Other Sites do
not constitute an endorsement, warranty or guarantee by Company of
any Other Site(s) or resources, or their content. The Web Sites are
only providing these links to you as a convenience. You use
such Other Sites at your own risk and assume all liability arising
therefrom.

5. Our Linking Policy

Any web site that links to the Web Sites: (a) must not frame or
create a browser or border environment around any of the Content of
the Web Sites; (b) may link to, but not replicate, display,
reproduce, the Content; (c) must not imply that Company or the Web
Sites are endorsing, warranting or sponsoring it or its products,
unless Company has given its prior written consent; (d) must not
present false, deceptive, inaccurate or misleading information
about Company or its products or services; (e) must not use any
Company trademarks without the prior written permission from
Company; and (f) must not contain content that could be construed
as Questionable Content (as defined below). By linking to any of
the Web Sites, you agree that you do and will continue to comply
with the above linking requirements. Notwithstanding anything to
the contrary contained in these TOU, we reserve the right to deny
permission to link to the Web Sites for any reason in our sole and
absolute discretion.

6. Acceptable Use

You will not, directly or indirectly, through your User Upload
Information (as defined herein) or otherwise, use the Web Sites
to:

A) Upload, post, e-mail, transmit, display, distribute, promote,
advocate, broadcast, or otherwise make available or accessible: (i)
any material that is false, inaccurate, misleading, deceptive,
unlawful, threatening, tortuous, disparaging (including disparaging
of Company, its parent, subsidiaries or affiliates), anything that
adversely affects Company business such as discouraging any person
or entity from advertising with, linking to or supplying to
Company, abusive, libelous, distasteful, controversial, defamatory,
derogatory, discriminatory, slanderous, disparaging, obscene,
vulgar, offensive, pornographic, profane, racist, sexually
explicit, ethnically or culturally offensive, indecent, or that
promotes violence, racial hatred, terrorism, or illegal acts, or is
otherwise objectionable in Company's sole discretion (collectively,
"Questionable Content"); (ii) information, software, or other
material that violates, plagiarizes, trespasses, contravenes or
breaches, misappropriates or infringes the rights of third parties
including, without limitation, copyright (including, without
limitation, offering pirated computer programs or links to such
programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial registration numbers for
software programs, or any type of cracker utilities), trademark,
patent, trade secret, rights of privacy or publicity or any other
proprietary or Intellectual Property Right ("Infringement"); (iii)
material of any kind that contains a virus, Trojan horse, time
bombs, worms, spyware, bots, malware, any automated use of the
system, such as scripts, or other harmful component or restricts or
inhibits any other user's uninhibited use and enjoyment of the Web
Sites, interferes with or disrupts the Web Sites or servers or
networks connected to the Web Sites, or disobeys any requirements,
procedures, policies or regulations of networks connected to the
Web Sites (collectively, "Virus"); (iv) information or material of
any kind that constitutes or contains false or misleading
indications of origin or statements of fact, including, without
limitation, by forging any TCP/IP packet header, any part of the
header information in any transmission to the Web Sites, or
otherwise manipulating identifiers in order to disguise the origin
of any content transmitted to the Web Sites; or (v) any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," requests for money,
petitions for signature, or any other form of solicitation
(collectively, "Junk Mail");

B) Encourage, promote, solicit, advocate or commit conduct that
would constitute a criminal offense, give rise to tort or civil
liability or otherwise violate any local, state, national or
international law or otherwise make available any material that
exploits, disparages or harms any individual, corporation or other
entity;

C) Impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or
entity;

D) Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Web Sites are able to type,
or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;

F) Use or attempt to use another's information, account,
password, service or system except as expressly permitted;

G) Solicit or collect personal data including telephone numbers,
addresses, last names, or email addresses, about other users;

H) Copy or adapt the HTML code used to generate web pages on the
Web Sites;

I) Use or attempt to use engines, manual or automated software,
tools, devices, agents, scripts robots or other means, devices,
mechanisms or processes (including, but not limited to, browsers,
spiders, robots, avatars or intelligent agents) to navigate,
search, access, "scrape," "crawl," or "spider" any web pages
provided on the Web Sites other than the search engine and search
agents available from Company and other than generally available
third party web browsers (e.g., Internet Explorer, Firefox,
Safari);

J) Post URLs or links to other web sites;

K) Post advertisements or solicitations for business;

L) Delete or revise any material posted by any other person or
entity;

M) Send unsolicited commercial communication to another user;
or

N) Aggregate, copy or duplicate in any manner any of the Content
or information available from any of the Web Sites, without the
express written consent of Company.

You represent, warrant and agree that you will comply with the
above acceptable use policy and none of your User Upload
Information will breach or cause you to breach any of the above
requirements.

7. User Accounts, Additional Terms, and
End User License Agreements

Registration may be required for the use of certain portions of
the Web Sites (e.g., e-mail, newsletters, specialized content,
alerts, etc.). In some instances, these TOU and separate end user
license agreements or terms of use that set forth additional
conditions may apply to a service or product offered via the Web
Sites. To the extent there is a conflict between these TOU and the
terms of any applicable end user license or similar agreement, the
end user license or similar agreement will control, unless the
additional conditions expressly state that these TOU will control.
In cases where there are no additional terms or conditions stated
for any such registrations, services or products, these TOU will
control. Registration data and certain other information about you
are subject to the Privacy Policy posted at the Web Site on which
you are providing your registration information. Please read that
Privacy Policy for information on how your data will be
handled.

If you choose to provide information to the Web Sites, you agree
to provide only true, accurate, current and complete information.
If you create a user account, you agree to accept responsibility
for all activities that occur under your account or password, if
any, and agree you will not sell, transfer, loan or assign your
user account or cause or permit any other person to use your
account other than you. You are responsible for maintaining the
confidentiality of your password, if any, and for restricting
access to your computer, cell phone (or other internet access
device, as applicable) so that others may not access any
password-protected portion of the Web Sites using your name, user
name or password in whole or in part.

8. Promotions

The Web Sites may contain or offer sweepstakes, contests or
other promotions, which may be governed by a separate set of rules
that describe the sweepstakes, contest or promotion and may have
eligibility requirements, such as certain age or geographic area
restrictions. It is your responsibility to read those rules to
determine whether or not your participation, registration or entry
will be valid or restricted, and to determine the sponsor's
requirements of you in connection with the applicable sweepstakes,
contest or promotion.

9. Copyrights and Copyright Agents

If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Company's
copyright agent the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b)
identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of
such works at that site; (c) identification of the material that is
claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit us to
locate the material; (d) information reasonably sufficient to
permit us to contact the complaining party; (e) a statement that
the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (f) a statement that
the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.

Company's copyright agent for notice of claims of copyright
infringement on or regarding the Web Sites can be reached as
follows:

We have a policy of terminating the accounts of users who (in
our reasonable discretion) are repeat infringers.

10. Third Party Content and
Information

The Web Site contains Content that is provided for your
convenience and enjoyment. Third parties may provide some of the
Content. You should be aware that the Content might contain errors,
omissions, inaccuracies, outdated information, and inadequacies and
that the Content may be subject to other terms and conditions,
which may be found on the Web Site, links from the Web Site, or in
the documents and policies of third parties. We make no
representations, guarantees or warranties as to the legality,
accuracy, authenticity, reliability, sufficiency, truth,
suitability, quality, validity, timeliness, completeness, adequacy,
currency of any Content and will not be liable for any lack of the
foregoing. Third parties may offer goods, products, services
and other materials to you on the Web Site. Your correspondence and
business dealings with others found on or through the Web Site
including, without limitation, the payment and delivery of
products, goods and services, and any terms, conditions, warranties
and representations associated with such dealings, are solely
between you and such third parties. You agree that Company, its
affiliates and each of their officers, directors, owners, agents,
representatives, partners and personnel (collectively, "Company
Representatives") will not be responsible or liable for any loss,
liability, expense, cost, penalty, charge, or damage (collectively,
"Losses") of any sort incurred as the result of, related to or in
connection with any such dealings or the offering of such products,
goods, services, the third party's relationship with you, and their
Content on the Web Site. Under certain circumstances, we may permit
third party users to upload content, in which event you may be
exposed to offensive, indecent or objectionable content.

Descriptions of, or references to, products, goods, services or
publications within the Web Site do not imply endorsement, warranty
or guarantee of that product, service or publication.

11. Information You Submit

From time to time, the Web Site may contain functionality
through which you or others can upload or otherwise submit
information, blog entries, data, postings, software, messages,
photographs, audio, video, text and other materials to the Web Site
("User Upload Information"). For example, the Web Site may offer
forums, blogs, public forums, community areas, postings, bulletin
boards, wiki, chat rooms or other interactive areas ("User
Forums"). Company, its affiliates and their Company Representatives
do not endorse, warrant or guarantee the content posted in User
Forums. Company reserves the right, but is not obligated, to
delete, move, alter or edit User Upload Information, in whole or in
part, submitted by you to a User Forum for any reason in their sole
discretion. Company reserves the right to suspend or terminate your
access to the Web Site and pursue all legal remedies if we believe
your User Upload Information has breached the requirements under
this TOU, including Section 6 above. You acknowledge and agree that
you are prohibited from accepting payment for User Upload
Information, including, without limitation, accepting payment for
the inclusion of a logo, brand or other commercial content, in User
Upload Information.

All of your User Upload Information is your sole responsibility.
This means that you, and not Company, are entirely responsible for
all of your User Upload Information that you upload, post, e-mail,
display, transmit or otherwise make available or accessible via the
Web Site. If you post personal information in User Forums or on
other publicly available areas of the Web Site then you may receive
unsolicited messages from third parties. Company disclaims any
security of any information you post on publicly available areas of
the Web Sites. Under no circumstances will Company, its affiliates
or any Company Representative be liable in any way for any User
Upload Information including, but not limited to, any errors,
defects, inaccuracies, omissions or currency in User Upload
Information, or for any Losses of any kind incurred as a result of,
resulting from or in connection with User Upload Information,
including confidentiality, destruction or loss of User Upload
Information.

You represent and warrant the following as to any of your User
Upload Information: it is an original work by you or you have all
necessary rights in it and to submit it to Company under the terms
of these TOU; it does not breach any of the requirements set forth
in this TOU, including Section 6 above; and it will not violate any
law, rule, or regulation. You further agree that you are solely
liable for any and all claims, demands, investigations, Losses,
judgments, settlements, including attorneys' fees, connected to,
resulting from, related to or arising from your breach of any
representation or warranty herein, or other violation of the terms
of the TOU or any User Agreement. You represent and warrant
that you are at least 13 years old.

Except as otherwise described in the Privacy Policy or other
agreement on the Web Site at which you provide User Upload
Information, User Upload Information will be treated as
non-confidential and non-proprietary and we will not be liable for
any use or disclosure to anyone, including but not limited to
claimed intellectual property owners. When you upload User Upload
Information via the Web Sites, you irrevocably grant to Company,
its affiliates and its Company Representatives a non-exclusive,
worldwide, royalty-free, perpetual, irrevocable, unconditional,
fully-paid license containing, without limitation, all right, title
and interest in User Upload Information, including, without
limitation, all patents, trademarks, service marks, trade names,
trade identities, copyrights, trade secrets, logos, domain names,
know-how, source code and object code, mask-work rights,
inventions, moral rights, author's rights, algorithms, rights in
packaging, goodwill and other Intellectual Property Rights and
proprietary rights whatsoever in User Upload Information. You
further agree that Company, its affiliates and its Company
Representatives will have the unfettered right throughout the
universe, in perpetuity, without any credit or compensation to you,
to use, reuse, access, store, copy, reproduce, rearrange, sell,
lease, rent, distribute, redistribute, modify, alter, display,
archive, sub-license, transfer, post, translate, create derivative
works, assign, loan, pledge, grant a security interest, grant a
lien, encumber, convey, download, exchange, exhibit, perform,
exploit, upload, transmit, broadcast, host, index, cache, tag,
encode, compile, form a collection with, or publicize or adapt,
reverse engineer, disassemble, decompile, reverse assemble, modify
or attempt to discover any source or object code any of the User
Upload Information or portions of User Upload Information, and your
name, voice, likeness and other identifying information, in any
form, media, software or technology of any kind now known or
developed in the future for any purposes whatsoever (including for
advertising, marketing, publicity, commercial purposes, promotional
purposes), in any jurisdiction throughout the world, including,
without limitation, developing, manufacturing and marketing
products using such User Upload Information. You hereby waive any
moral rights you may have in and to any of User Upload Information,
even if such material is altered or changed in a manner not
agreeable to you. You agree and understand that Company, its
affiliates, and Company Representatives are not obligated to use
User Upload Information submitted through the Web Site or
otherwise, and may alternatively choose to discard, and limit or
block access to User Upload Information without any liability
whatsoever.

You acknowledge that the Web Site, through Company, its
affiliates, and Company Representatives, undertakes no obligation
to pre-screen User Upload Information, but that it has the right,
in its sole discretion to modify, transmit over various networks,
refuse, move, block access to or remove any of User Upload
Information. You agree that you must evaluate, and bear all risks
associated with, the use of any of User Upload Information
including, but not limited to, any reliance on the legality,
accuracy, authenticity, reliability, sufficiency, truth,
suitability, quality, validity, timeliness, completeness, adequacy,
usefulness, and currency of User Upload Information. Since Company,
its affiliates, and Company Representatives may not pre-screen user
generated content, you may bear legal responsibility for others'
exposure to any Questionable Content in your User Upload
Information.

12. Disclaimer of Warranties

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,
SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR
SENT FROM THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND
"WITH ALL FAULTS." COMPANY, ITS AFFILIATES AND THEIR COMPANY
REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY USE OR INABILITY TO USE
OF, AND EACH MAKE NO REPRESENTATION OR WARRANTY, GUARANTEE, OR
ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT,:
(A) THE WEB SITE; (B) THE CONTENT, USER UPLOAD INFORMATION AND
SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS
MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE
MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY
PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO
THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED
SITE.

NONE OF THE COMPANY, ITS AFFILIATES OR COMPANY REPRESENTATIVES
REPRESENTSOR WARRANTS THAT THE WEB SITE, ANY OF THE WEB SITE'S
FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR
THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS
LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY,
ITS AFFILIATES OR COMPANY REPRESENTATIVES SHALL NOT BE LIABLE FOR
SUCH EVENTS AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU
ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE
THE WEB SITE OR THE CONTENT.

FURTHER, COMPANY, ITS AFFILIATES AND COMPANY REPRESENTATIVES
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR THOSE ARISING BY LAW, STATUTE, USAGE
OF TRADE, COURSE OF DEALING, OR OTHERWISE OR THOSE RELATING TO
LEGALITY, ACCURACY, AUTHENTICITY, RELIABILITY, SUFFICIENCY, TRUTH,
SUITABILITY, QUALITY, VALIDITY, TIMELINESS, COMPLETENESS, ADEQUACY,
OR CURRENCY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS
MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE
TO THIS AGREEMENT.

13. Disclaimers/Limitation of
Liability

YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN
CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR COMPANY
REPRESENTATIVES (COLLECTIVELY, THE "COMPANY ENTITIES AND
INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSSES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, GENERAL, DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA, LOST
SAVINGS, OR LOSSES ARISING FROM BUSINESS INTERRUPTION) THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO OR IN CONNECTION WITH (1) THE
TOU, THE WEB SITES, THE CONTENT, OR USER UPLOAD INFORMATION; (2)
THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3)
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR
LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR
CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS;
AND (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL
OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND
INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY,
TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR
THEFT OR DESTRUCTION OF THE WEB SITE).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY
LOSSES TO YOUR OR ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE,
SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, LOSSES FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK
FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO
AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED
WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE
CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY LOSSES
OR INJURIES THAT ARISE OUT OF COMPANY'S, ITS AFFILIATES' OR COMPANY
REPRESENTATIVES' ACTS OR OMISSIONS, THE LOSSES, IF ANY, CAUSED TO
YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN
INJUNCTION PREVENTING ANY USE OR EXPLOITATION OF ANY WEB SITE,
PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR
OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, ITS
AFFILIATES AND/OR ITS COMPANY REPRESENTATIVES OR USER UPLOAD
INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE
USE, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION
OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT,
PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL
CONTENT OR USER UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR
ACTIONS RELATED THERETO.

BY ACCESSING ANY OF THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN
OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF
DAMAGES OR LIMITATION OF LIABILITY HEREUNDER OR OTHERWISE RENDER
ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY
UNENFORCABLE, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE
MODIFIED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.

14. Indemnity

You agree to defend, indemnify and hold harmless the Company
Entities And Individuals with respect to any and all claims,
demands, suits, investigations, Losses, judgments, settlements,
costs and expenses, including attorneys' fees, arising out of,
related to or in connection with this TOU, including, without
limitation: (a) your use of the Web Site; (b) your violation of
these TOU or any law, rule or regulation; (c) your use of the
Content or User Upload Information; (d) your disclosure of any
access code or password related to the Web Site to others; (e) any
agreement or relationship you have with a third party; or (f) any
of your User Upload Information. You will use your best efforts to
cooperate in the defense of any claim which indemnification is
sought. Notwithstanding the foregoing, in the event you fail to
properly assume defense of such claim or respond thereto within a
reasonable period of time, or fail to properly defend such claim in
a diligent and competent manner, Company may assume sole control
and defense thereof and, upon such event, Company retains the
exclusive right to settle, compromise and pay any and all claims,
demands, proceedings, suits, actions or causes of actions which are
brought against Company Entities And Individuals herein under the
terms and provisions of this Section 14 on your account and on your
risk. Company may participate in the defense of any such claim (or
portions thereof) at its expense if it deems its interests conflict
with those of yours in your defense thereof. In no event shall you
settle or consent to any order on any claim without Company's prior
written approval.

15. Governing Law

THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW
YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND
SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS
ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE
APPLICABLE OR THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT.

16. Jurisdiction and Venue

You waive all rights to trial by jury in any action or
proceeding instituted in connection with these TOU and/or the Web
Site. Any controversy or claim arising out of or relating to these
TOU and/or the Web Site (or the enforceability thereof) shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted
in the State of New York, in the City of New York, County of New
York, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Any matters or proceedings that
are not subject to arbitration as set forth in this Section 16 of
these TOU and/or for entering any judgment on an arbitration award,
shall take place in the State of New York, in the City of New York,
County of New York. You waive the defense of forum non
conveniens.

17. Miscellaneous

You are solely responsible for compliance with applicable laws,
rules, and regulations in connection with your use of the Web Site
and the Content, including, without limitation, those governing
your transmission or use of any software or data. These TOU and any
applicable end user license or similar agreements contain the sole
and entire agreement between the parties with respect to the Web
Sites, the Content and User Upload Information and supersedes any
and all other prior written or oral agreements between them.
These TOU shall not constitute a formal offer, binding
obligation or agreement to provide any Company product, process or
service under any circumstance. An agreement for any Company
product, process or service shall only be evidenced by a formal
written agreement entered into by an authorized Company
representative. The section titles in these TOU are for your
convenience only and do not have any legal or contractual effect.
You agree that these TOU will not be construed against Company by
virtue of having drafted these TOU. If any provision of these TOU
shall be held invalid or unenforceable by any court of competent
jurisdiction or as a result of future legislative action, such
holding or action shall be strictly construed and shall not affect
the validity or effect of any other provision of these TOU. No
waiver on the part of Company of any of these TOU will be of any
force or effect unless made in writing and signed by a duly
authorized officer of Company.

18. Fees

Company reserves the right at any time to charge fees for access
to portions of the Web Sites provided we obtain your prior
agreement to pay such charges. We will give you advance notice of
such fees and the opportunity to opt-out of any such features
before such charges are imposed. You shall pay all fees and charges
in a manner prescribed by Company at the rates in effect for the
billing period in which such fees and charges are incurred,
including, but not limited to charges for any products or services
offered for sale through the Web Site or by any other vendor or
service provider. All fees and charges shall be billed to and paid
for by you. You shall pay all applicable taxes relating to use of
the Web Site through your account.

19. Termination

You understand and agree that Company will determine your
compliance with these TOU in its sole discretion. Company reserves
the right to terminate this Agreement at any time and/or deny
access to all or part of the Web Sites and to deny access to any
person in its sole discretion without notice or liability of any
kind. Any violation of these TOU may be referred to law enforcement
authorities. Upon termination of your user account or access to the
Web Site, or upon demand by Company, you must destroy all materials
obtained from this Web Site and all related documentation.
Company may terminate these TOU and your access to the Web Site at
any time for any reason without prior notice.

Please consult our Privacy Policy for additional terms
and conditions that apply to your use of and access to the
Site.